Moreno

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DWAYNE STEVEN MONTGOMERY, No. 2:22-cv-0127-EFB (PC) Plaintiff, v. ORDER J. MORENO, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in an action brought under 42 U.S.C. § 1983. Following the dismissal of his original complaint on screening1 (ECF Nos. 1 & 9), plaintiff has filed an amended complaint (ECF No. 14), which the court must now screen. As discussed below, plaintiff’s amended complaint is dismissed with leave to amend for failure to state a claim. ///// ///// /////

1 Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 26 § 1915A(a). The court must identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which relief may be…